Scribd Logo
Upload

Welcome to Scribd!

  • Basic Legal and Judicial Ethics

    Uploaded by

    Zeline Marie
    34 views10 pages
    This document provides an outline on the topics of legal and judicial ethics. It discusses [1] the practice of law as both a privilege and profession, the qualifications and continuing requirements to practice, and sanctions for unauthorized practice. It also covers [2] the duties and responsibilities of lawyers to society, the legal profession, courts, and clients. Finally, it addresses [3] the suspension, disbarment, and discipline of lawyers, including the grounds and proceedings for disciplinary actions and the process for readmission to the bar. The document cites numerous legal cases to support each section.

    Original Description:

    Original Title

    basic-legal-and-judicial-ethics

    Copyright

    © © All Rights Reserved

    Available Formats

    PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    This document provides an outline on the topics of legal and judicial ethics. It discusses [1] the practice of law as both a privilege and profession, the qualifications and continuing requirements to practice, and sanctions for unauthorized practice. It also covers [2] the duties and responsibilities of lawyers to society, the legal profession, courts, and clients. Finally, it addresses [3] the suspension, disbarment, and discipline of lawyers, including the grounds and proceedings for disciplinary actions and the process for readmission to the bar. The document cites numerous legal cases to support each section.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as pdf or txt
    34 views10 pages

    Basic Legal and Judicial Ethics

    Uploaded by

    Zeline Marie
    This document provides an outline on the topics of legal and judicial ethics. It discusses [1] the practice of law as both a privilege and profession, the qualifications and continuing requirements to practice, and sanctions for unauthorized practice. It also covers [2] the duties and responsibilities of lawyers to society, the legal profession, courts, and clients. Finally, it addresses [3] the suspension, disbarment, and discipline of lawyers, including the grounds and proceedings for disciplinary actions and the process for readmission to the bar. The document cites numerous legal cases to support each section.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as pdf or txt
    of 10

    Course outline on

    Legal and Judicial Ethics


    Atty. Zosimo P. Lira, Jr

    —————————————————————————————————————————-

    A. PRACTICE OF LAW
    1.Concept
    a. Privilege
    b. Profession, not business
    • In re: Cunanan,94 Phil.554(1954)
    • Director of Religious Affairs v. Bayot ,74 Phil .740 (1994)
    • Alawi v. Alauya, 268 SCRA 628(1997)
    • Ulep v. Legal Clinic (223 SCRA 378)1993
    • Valencia v. Cabanting, Antonio, et al. (196 SCRA 302)

    2. Qualifications

    • Cayetano V. Monsod ,G.R. No. 100113, 3 September 1991


    • Cobb-Perez v. Latin, 24 SCRA 291(1968)
    • People v, Villanueva,14 SCRA 111 (1965)
    • Philippine Lawyer’s Association v. Agrava, 105 Phil.173(1959)
    • Ulep v. Legal Clinic, 223 SCRA 378(1993)

    3.Continuing requirements for membership in the bar


    a. Good moral character
    b. Citizenship; reacquisition of the privilege to practice law in the Philippines
    • Petition to leave to resume practice of law, Benjamin Dacanay, B.M. 914, 1
    October 1999
    • Application for Admission to the Philippine Bar, Vicente Ching, B.M. 914, 1
    October 1999
    • Bar Matter 1153, Re: Letter of Atty. Estelito P. Mendoza Proposing reforms In the
    bar Examinations Through Amendments to rule 138 of the rules of court, 9
    March 2010
    • In re: Bar examinee Haron S. Meling and for disciplinary action as member of the
    Philippine Shari’s Bar, Atty. Froilan R. Melendez, B.M. No. 1154, 8 June 2004
    • In re Al c. Argosino,246 SCRA 14 (1995)

    4. Appearance of non- lawyers


    a. Law student practice
    b. Non- lawyers in courts
    c,. Non-lawyers in administrative tribunals and labor tribunals
    d. Proceeding where lawyers are prohibited from appearing
    • Cruz V. Min, 522 SCRA 387(2007)
    •

    5. Sanctions for practice or appearance with authority


    a. Lawyers without authority
    b. Persons not lawyers
    6. Public officials and practice of law
    a. Prohibition or disqualification of former government attorneys
    7. Lawyers authorized to represent the government
    8. Lawyer’s oath

    B. DUTIES AND RESPONSIBILITIES OF A LAWYER


    1. To the Society
    a. Respect of law and legal processes
    b. Efficient and convenient legal services
    c. True, honest, fair, dignified, and objective information of legal services
    d. Participation in the improvements and reforms in the legal system
    e. Participation in legal education program
    f. Lawyers in government service discharging their tasks
    • Atty. Julito Vitriolo, Precillana Honorica et al vs Atty. Felina Dasig, A.C No. 4984
    April 1, 2003
    • Pimentel v. Llorente,339 SCRA 154(2000)
    • Castillo vda. De Mijares v. Villaluz, 274 SCRA 1 (1997)
    • Stemmerik v. Mas, 589 SCRA 1144(2009)
    • Cordova v. Cordova, 179 SCRA 680(1989)
    • Calub v. Suller,323 SCRA 556(2000)
    • Garrido v. Garrido, 611 SCRA 508 (2010)
    • Ventura v, Samson, 686 SCRA 430 (2012)

    2. To the Legal Profession


    a. Integrated Bar of the Philippines
    b. Membership and dues
    c. Upholding the dignity and integrity of the profession
    d. Courtesy, fairness, and candor towards professional colleague
    e. No assistance in unauthorized practice of law
    • Office of the Court Administrator vs Judge Cader P. Indar, AM No. RTJ-10-2232,
    (2012)
    • Rosario Mecaral v. Atty. Danilo Velasquez, AC No. 8392 (2010)
    • Presiding Judge Jose Madrid vs Atty Juan Dealcam AC No. 7474, (2014)
    • Leda v. Tabang, 206 SCRA 395 (1992)
    • Advincula v. Macabata, 517 SCRA 600(2007)
    • Zaguirre v. Castillo,398 SCRA 659(2003)
    • Macias v. Malig, 157 SCRA 762(1988)
    • Pobre v. Defensor-Santiago,597 SCRA 1(2009)
    • Dallong-Galiciano v. Castro, 474 SCRA 1 (2005)
    • In re: Integration of the Bar of the Philippines, 49 SCRA January 1973
    •

    3. To the courts
    a. Candor, fairness, and good faith towards the courts
    b. Respect for courts and judicial officers
    c. Assistance in the speedy and efficient administration of justice
    d. Reliance on merits of case, not on impropriety tending to influence the courts
    • De Leon v. Castelo. A.C. No.8620,12 January 2011
    • Adez Realty, Inc. v. CA, 215 SCRA 301(1992)
    • Que v. Revill, Jr., 607 SCRA 1(2009)
    • Garcia v. Francisco,220 SCRA 512(1993)
    • Re: Letter of the UP Law Faculty, A.M. No. 10-10-4-SC, 8 March 2011
    • Re: Letter dated 21 February 2005 of Atty. Noel S. Sorreda, 501 SCRA 369(2006)
    • In re Almacen, 31 SCRA 562 (1970)
    • In re: Published Alleged Threats against Members of Court in the Plunder Law
    Case Hurled by Atty. De Vera, 385 SCRA 285(2003)
    • Re: Request Radio -TV Coverage of the Trial in the Sandiganbayan of the
    Plunder Cases Against Former President Estrada, 360 SCRA 248(2001)
    • Lantoria v. Bunyi, 209 SCRA 528(1992)

    4. To the clients
    a. Availability of service without discrimination
    i. Services regardless of person’s status
    ii. Services as counsel de oficio
    iii. Valid grounds for refusal
    b. Candor, Fairness, and loyalty to the clients
    i. Confidentiality rule
    ii. Privileged communication
    iii. Conflict of interest
    iv. Candid and honest advice to clients
    v. Compliance with laws
    vi. Concurrent practice with another profession
    c. Client’s money and properties
    i. Fiduciary relationship
    ii. Co- mingling of funds
    iii. Delivery of funds
    iv. Borrowing or lending
    d. Fidelity to client’s cause
    i. Use of fair and honest means
    ii. Client’s Fraud
    iii. Procedure in handling cases
    e. Competence and diligence
    i. Adequate protection
    ii. Negligence
    iii. Collaborating counsel
    iv. Duty to apprise client
    f. Representation with zeal within legal bounds
    g. Attorney’s fees
    i. Acceptance fees
    ii. Contingency fee arrangements
    iii. Champertous contracts
    h. Preservation of Client’s confidences
    i. Prohibited disclosures and use
    ii. Disclosures, when allowed

    i.Withdrawal of services
    j. Duties of lawyers in case of death of parties represented
    • Regala v. Sandiganbayan, First Division, 262 SCRA 122 (1996)
    • Gillego v. Diaz,39 SCRA 88 (1971)
    • Hernandez v. Go,450 SCRA 1 (2005)
    • People v. Nadera,2 February 2000
    • Hadjula v. Madianda,3 July 2007
    • Dhaliwal v. Dumaguing, 1 August 2012
    • Manalang and Cirillo v. Angeles, 10 March 2003
    • Briones v. Jimenes, 27 April 2009
    • Orocio v. Anguluan, 30 January 2009
    • Alcantara v. De Vera,23 November 2010
    •

    C. SUSPENSION, DISBARMENT, AND DISCIPLINE OF LAWYERS


    1. Nature and characteristics of disciplinary actions against lawyers
    a. Sui generis
    b. Prescription of actions
    2. Grounds
    3. How instituted
    4.Proceedings
    6.Sanctions
    • Fortun v. Quinsayas, G.R. No. 194578(2013)
    • Plaza v. Amamio, Clerk Court , et al., 616 SCRA 191 (2010)
    • Jocelyn G. Bartolome vs Atty Remegio Rojas, AC No. 13226 (2022)
    • Jackiya A. Lao vs Atty. Berteni Causing, A.C. No. 13453(2022)
    • Abedin L. Osop vs Atty V. Emannuel C. Fontanilla, AC No. 5043
    • In re: Atty. Lorenzo G. Gadon’s Viral Video against Raissa Robles AC No. 13521
    (2023)
    • Khan v. simbillo,409 SCRA 299 (2003)
    • Guevarra vs Eala, A.C No. 7136

    D. READMISSION TO THE BAR


    1. Lawyers who have been suspended
    2.Lawyers who have been disbarred
    3. Lawyers who have been repatriated
    • In re Rusiana, A. C. No.270, 29 March 1974, 56 SCRA 240
    • Cui v. Cui,11 SCRA 755
    • Florence Teves Macarubbo v. Atty. Edmundo Macarubbo, A.C. No. 6148, 29
    January 2013
    • Constancia Valencia v. Atty. Dionisio Antitiw, A. C. No. 1302,30 June 2008
    •

    E. MANDATORY CONTINUING LEGAL EDUCATION


    1.Purpose
    2. Requirements
    3.Compliance
    4.Exemptions
    5.Sanctions
    • Rodriguez-Manahan v. Atty. Rodolfo Flores, A.C. No. 8954, 13 November 2013

    F. NOTARIAL PRACTICE
    1.Qualifications of notary public
    2. Terms of office of notary public
    3.Powers and limitations
    4. Notarial register
    5. Jurisdiction of notary public and place of notarization
    6. Revocation of commission
    7. Competent evidence of identity
    8.Sanctions
    • Maligsa v. Catanting, 272 SCRA 408(1997)
    • Espinosa v. Omana ,A.C.No. 9081,12 October 2011
    • Spouses Santuyo v. Hidalgo, 448 SCRA 282(2005)

    G. DUTIES OF LAWYERS UNDER SPECIFIC PROVISIONS IN THE


    RUNNING COURT
    1. Judgements, final orders, and entry of justice
    2.Contempt
    3.Arraignment and plea
    4.Attorney-client privilege
    5.Powers and duties of court and judicial officers
    6.Disqualifications of judicial officers/inhibition
    7. Withdrawal from case
    8. Standing in court of persons authorized to appear for the government
    9. Government lawyers and private practice
    10. Amicus curiae

    II.JUDICIAL ETHICS

    A. SOURCES
    1. New code of Judicial Conduct for the Philippine Judiciary
    2. Code of Judicial Conduct
    B.QUALITIES
    1. Independence
    2.Integrity
    3. Impartiality
    4.Propriety
    5.Equality
    6.Competence and Diligence

    C.ADMINISTRATIVE JURISDICTION OVER JUDGES AND JUSTICES


    D. DISQUALIFICATION OF JUDICIAL OFFICERS
    1.Compulsory
    2. Voluntary

    E. DISCIPLINE OF MEMBERS OF THE JUDICIARY


    1.Members of the Supreme court
    2.Lower court judges and justices
    3. Grounds
    4.Impeachment
    5. Sanctions imposed by the Supreme court on erring members of the judiciary
    • In the matter of the Allegations Contained in the columns of Mr. Amado P.
    Macasaet published in Malaya, 583 Phil 391 (2008)
    • Virgilio P. Alconera vs Judge Jose Majaducon, AM No. MTJ-00-1313 (2005)
    • OCA v. Floro, A.M. No. RTJ-99-1460, March 31,2006
    • In Tan v. Judge Rosete, A.M. No. MTJ -04-1563, September 8,2004
    • Atty. Nava II v. Prosecutor Artuz, A.C. No.7253, August 29,2017

    - END -

    You might also like